People v. Pettie

Garcia was dating Delgadillo’s ex-wife when Delgadillo’s daughter suffered bruises and complained that Garcia had hit her. Delgadillo called the police. Three weeks later, as Delgadillo was watching football with Lanford, Lanford questioned Delgadillo about calling the police and invited him out to smoke. Outside, Delgadillo saw Garcia, Pettie, and another man. Someone called Delgadillo a “cop caller” and Delgadillo was attacked. Delgadillo saw Garcia point a pistol at him, but otherwise did not specifically identify which men personally participated in the attack. After suffering injuries, Delgadillo ran away. He heard gunshots as he fled. Garcia, Lanford and Pettie were convicted of attempted murder, assault, and witness dissuasion, with gang and firearm enhancements. The court of appeal reversed, first rejecting claims of failure to bifurcate, Brady violation, juror bias, prosecutorial misconduct, and insufficient evidence, including a claim of insufficient evidence that the defendants belonged to a unitary gang. Defendants’ claim that the admission of testimonial hearsay through the prosecution’s gang expert violated their confrontation rights required reversal of the findings on gang enhancements; did not require reversal of the Garcia and Lanford convictions for attempted murder and assault; required reversal on all counts as to Pettie. The court also failed its sua sponte duty to give the “mere presence” portion of CALCRIM No. 401 with respect to Pettie’s role in aiding and abetting and failed to instruct the jury on the requisite mens rea for witness dissuasion View "People v. Pettie" on Justia Law